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HomeMy WebLinkAbout4.2 Agreement for Long Term Encroachment for Landscape Features for Tract 8460, Avalon West DublinSTAFF REPORT CITY COUNCIL Page 1 of 2 Agenda Item 4.2 DATE:October 19, 2021 TO:Honorable Mayor and City Councilmembers FROM:Linda Smith, City Manager SUBJECT:Agreement for Long Term Encroachment for Landscape Features for Tract 8460, Avalon West DublinPrepared by:Kan Xu,Senior Civil Engineer EXECUTIVE SUMMARY:The City Council will consider approving the Agreement for Long Term Encroachment for Landscape Features for Tract 8460, Avalon West Dublin, as required by the project conditions of approval. The Avalon West Dublin project is located on St. Patrick Way and includes 499 residential multi-family units. STAFF RECOMMENDATION:Adopt the Resolution Approving the Agreement for Long Term Encroachment for LandscapeFeatures for Tract 8460, Avalon West Dublin. FINANCIAL IMPACT:There is no impact to the General Fund to prepare and approve the agreement. All Staff time and costs to prepare the agreement are borne by the developer. DESCRIPTION:Avalon West Dublin (formerly called St. Patrick Way Residential Project) is a 499-unit project within the Downtown Dublin Specific Plan Transit-Oriented District. The Agreement for Long Term Encroachment for Landscape Features provides for the property owner to maintain project-related landscape and decorative features within the public street rights-of-way within and along the development, including all frontage landscape plantings, street trees, irrigation, sidewalks, stormwater treatment areas, seat walls, and decorative/stamped pavement. The project conditions of approval require this agreement as a condition of the final map. STRATEGIC PLAN INITIATIVE:None. 15 Page 2 of 2 NOTICING REQUIREMENTS/PUBLIC OUTREACH:The City Council Agenda was posted. ATTACHMENTS:1) Resolution Approving the Agreement for Long Term Encroachment for Landscape Features forTract 8460, Avalon West Dublin2) Exhibit A to the Resolution - Agreement for Long Term Encroachment for Landscape Features for Tract 8460, Avalon West Dublin 16 Attachment 1 Reso. No. XX-21, Item X.X, Adopted XX/XX/21 Page 1 of 1 RESOLUTION NO. XX – 21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING THE AGREEMENT FOR LONG TERM ENCROACHMENT FOR LANDSCAPE FEATURES FOR TRACT 8460, AVALON WEST DUBLIN WHEREAS,a Vesting Tentative Map for Tract 8460, Avalon West Dublin was approved by City Council Resolution No. 40-18 on May 1, 2018, with Conditions of Approval; and WHEREAS,said Conditions of Approval required the developer to construct project-related landscape features within the St. Patrick Way public street right-of-way; and WHEREAS,said Conditions of Approval required the developer to enter into an “Agreement for Long-Term Encroachments” for the maintenance of said landscape features; and WHEREAS,the developer has executed and filed with the City of Dublin a Tract Improvement Agreement to construct the required tract improvements, including said landscape features; and WHEREAS,the developer has executed and filed with the City of Dublin an Agreement for Long Term Encroachment for Landscape Features for Tract 8460, Avalon West Dublin, attached hereto as Exhibit “A”, which will be recorded against the property concurrently with the Tract 8460 Final Map. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the Agreement for Long Term Encroachment for Landscape Features for Tract 8460, Avalon West Dublin, attached hereto as Exhibit A to this Resolution. BE IT FURTHER RESOLVED that the City Manager is authorized to execute Exhibit A, and make any necessary, non-substantive changes to carry out the intent of this Resolution. PASSED, APPROVED AND ADOPTED this 19th day of October 2021, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________________ ATTEST:Mayor ____________________________________ City Clerk 17 $WWDFKPHQW , dated _________; and , dated _________. 18 19 20 21 22 23